P a g e | 1 Date of reserved for orders : 08.09.2026 Date of pronouncement : 19.09.2026 Date of uploading : 21.09.2026 APHC010500912023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25924 OF 2023 Between: 1. A RAMA CHAITANYA KUMAR, S/o Late Rajeshwari, aged 28 years, Occupation: Typist in District Registrar Office, R/o. D.No.7-197, Sri Ram Nagar, Visakhapatnam. ...Petitioner AND 1. THE STATE OF AP, rep by Principal Secretary (Stamps and Registration) Secretariat, Amaravathi 2. The Commissioner and Inspector General of Registrar and Stamps, 5-59, R.K.Sprintg Valley Apartment, Edupugallu, Kankipadu Mandal, Vijayawada. 3. The District Collector and Nodal Authority, Visakhapatnam District, Visakhapatnam. 4. The District Registrar, Stamps and Registration, Visakhapatnam District, Visakhapatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be P a g e | 2 pleased to pass an order or direction or writ in the nature of Mandamus duly declaring the action the respondents in not considering my seniority from the date of my joining in the service that is on 04.11.2011 and from the date of the acquisition of conditional qualification as Typist as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent to reckon the seniority of the petitioner from the date of his joining in the service that is 04.11.2011 and not from the date of his acquiring the conditional qualification in the 4th respondent's office, in the interest of justice and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to reckon the seniority of the petitioner from the date of his joining in the service that is 04.11.2011 and not from the date of his acquiring the conditional qualification in the 4th respondent's office, in the interest of justice and to pass Counsel for the Petitioner: P RAMA SHARANA SHARMA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25924/2023 ORDER: The Writ Petition is filed seeking the following relief: “pass an order or direction or writ in the nature of Mandamus duly declaring the action the respondents in not considering my seniority from the date of my joining in the service that is on 04.11.2011 and from the date of the acquisition of conditional qualification as Typist as illegal arbitrary and against the principles of natural justice and consequently direct the respondent to reckon the seniority of the petitioner from the date of his joining in the service that is 04.11.2011 and not from the date of his acquiring the conditional qualification in the 4th respondent’s office in the interest of justice and to pass” 2. The petitioner was initially appointed as Typist on compassionate grounds in the year 2011, consequent upon the death of his mother, in the Stamp Department, in terms of G.O.Ms.No.969, dated 27.10.1995, and Rule 10(a)(1) of the Andhra Pradesh State and Subordinate Service Rules, 1996. Subsequently, vide proceedings dated 10.10.2011, issued by the Nodal Authority and District Collector, Visakhapatnam, the petitioner was transferred to the Department of Stamps and Registration, and vide proceedings dated 21.10.2011, issued by the District Registrar of Assurances, Visakhapatnam, he was appointed as Typist on a conditional basis, subject to acquiring the requisite technical qualification within the stipulated period. Petitioner joined duty on 04.11.2011. Petitioner contends that G.O.Ms.No.969, dated 27.10.1995, read with G.O.Ms.No.612, dated 30.10.1991, G.O.Ms.No.577, dated 29.10.1993, and G.O.Ms.No.76, dated 15.03.1995, provided time to candidates appointed on compassionate grounds to acquire the requisite educational or technical qualification. It is further contended that P a g e | 4 G.O.Ms.No.60, General Administration (Services-A) Department, dated 11.02.1997, initially provided for regularization from the date of initial appointment upon acquisition of the requisite qualification within the stipulated period, which position was subsequently amended by G.O.Ms.No.151, dated 22.06.2004, providing for regularization from the date of acquiring such qualification fully. In paragraph 2 of the proceedings dated 27.11.2017, petitioner’s probation was deemed to have been commenced from 30.08.2015, and, by proceedings dated 05.03.2019, he was declared to have satisfactorily completed his probation on 29.08.2017. While preparing the seniority list for the purpose of promotion, respondents reckoned petitioner’s seniority from the date of acquisition of the requisite qualification instead of the date of his joining duty on 04.11.2011. Aggrieved by the same, petitioner requested the 4th respondent to fix his seniority from the date of joining. However, no action was taken thereon. Hence, the present Writ Petition. 3. Respondents filed counter contending that petitioner was appointed as Typist on compassionate grounds on conditional basis vide proceedings dated 21.10.2011, as he did not possess the requisite Typewriting qualification at the time of appointment. He joined duty on 04.11.2011 and acquired the requisite Telugu Typewriting Higher qualification on 30.08.2015. Accordingly, his probation was commenced with effect from 30.08.2015 under Rule 16(b) of the Andhra Pradesh State and Subordinate Service Rules, 1996, read with Rule 9(1)(a) of the Andhra Pradesh Ministerial Service Rules, 1998, as per the rules in force at the relevant time. His P a g e | 5 probation was subsequently declared by proceedings dated 05.03.2019. Therefore, petitioner’s service particulars, including seniority, were reckoned in accordance with the rules applicable to him. It is further contended that petitioner’s reliance on G.O.Ms.No.69, General Administration (Services-B) Department, dated 24.07.2023, is misplaced. The said G.O. dispensed with the requirement of Typewriting qualification for compassionate appointees, subject to their passing the Computer Proficiency Test within two years from the date of issuance of the G.O., and provided for regularization from the date of initial appointment in such cases. The said G.O. is prospective in operation and has no application to petitioner’s case. Hence, petitioner is not entitled to seek revision of his service particulars or seniority from the date of his initial joining on 04.11.2011, and the Writ Petition is liable to be dismissed. 4. Heard Mr.P.Rama Sharana Sharma, learned counsel for the petitioner, who appeared virtually, and Mr.K.Varun Shyam Kumar, learned Assistant Government Pleader for Services-I, appearing for the respondents. 5. Learned counsel for petitioner submits that the petitioner was appointed on compassionate grounds vide proceedings PROCGS.NO.E1/ 1366/2011, dated 21.10.2011, subject to a condition that he should acquire technical qualification within the stipulated time from the date of appointment orders as per G.O.Ms.No.969, General Administration (Services-A) Department, dated 27.10.1995 read with G.O.Ms.No.577, General Administration (Services-A) Department, dated 29.10.1993, along with other related orders. P a g e | 6 6. Learned counsel for the petitioner submits that petitioner’s probation was deemed to have commenced with effect from 30.08.2015, vide proceedings Procgs.No.E1/1366/2011, dated 27.11.2017, issued by the 4th respondent. However, vide proceedings Procgs.No.E1/1366/2011, dated 05.03.2019, 4th respondent declared that the petitioner had satisfactorily completed his probation on 29.08.2017. Government issued G.O.Ms.No.60, General Administration (Services-A) Department, dated 11.02.1997, particularly paragraph 5 thereof, which provides that candidates appointed under the scheme of compassionate appointment to the dependents of deceased Government Employees with a condition to acquire the minimum educational/typewriting qualification, prescribed for the post to which they are appointed within the prescribed periods, shall be temporary to start with and their services shall be regularized duly placing them on probation from the date of their initial appointment, if they acquire requisite education/typewriting qualification prescribed for the post, to which they are appointed within the prescribed periods shall be temporary to start with and their services shall be regularized duly placing them on probation from the date of their initial appointment. However, the said G.O. was subsequently amended by G.O.Ms.No.151, General Administration (Services-G) Department, dated 22.06.2004, whereby the words “from the date of initial appointment” was replaced with “from the date of acquiring such qualification fully”. 7. Learned counsel for petitioner has drawn the attention of this Court to Rule 6 of the Andhra Pradesh Ministerial Service Rules, 1998, P a g e | 7 wherein for the post of Typist, the qualification prescribed is Telugu Typewriting. The note of the said prescription of the said qualification under Annexure-I is “If sufficient number of candidates with Telugu Type writing qualifications are not available for appointment by direct recruitment as Typists candidates with English Type writing qualification may be appointed subject to the condition that he/she should acquire the Telugu Type writing qualification within the period of probation on pain of postponement of increment without cumulative effect”. 8. Learned counsel for the petitioner also places reliance on the judgment of a Coordinate Bench of this Court in Writ Petition No.17966 of 2020, wherein it was held that “as the petitioner possessed a P.G. degree in Master of Computer Applications and the respondents are directed to regularize the services of the petitioner in the cadre of Typist with effect from her date of joining with all consequential benefits, according to her eligibility, without insisting for passing of technical qualifications of typewriting higher grade both in English and Telugu”. As on the date of consideration, the qualification of typewriting was dispensed with. Learned Single Judge also places reliance on the judgment of a Division Bench of this Court dealing with the issue of G.O.Ms.No.116, General Administration (Services-B) Department, dated 29.02.2008, whereby relaxation was granted to Rule 23 of the Andhra Pradesh Ministerial Service Rules, 1966, in favour of Junior Stenographers, who were appointed between 05.03.1987 and 14.07.1998 as to the requirement of passing Typewriting Higher grade in Telugu and Shorthand by P a g e | 8 exercising the powers conferred under Rule 31 of the Andhra Pradesh State and Subordinate Service Rules, 1996. At paragraphs 6, 8 and 9, it was held as follows: “6. The impugned show cause notice issued to the petitioner on 22.10.2019, reads as follows: “Smt. Suguna, was appointed as Typist on compassionate grounds w.e.f.18.08.2016 vide reference 1st cited above and working at Zilla Parishad, Kakinada. As on today, she is not acquired Technical qualifications of Telugu and English Higher to hold the post of Typist in terms of orders issued vide ref. 2nd cited above. Therefore, why she should not be reappointed as office subordinate and directed to submit explanation if any within a period of three days due to non-acquiring of technical qualifications stipulated period.” 8. As seen from G.O.Ms.No.116, GAD dated 29.02.2008, relaxation has been given to Rue 23 of the A.P. Ministerial Service Rules, 1966 in favour of Junior Stenographers, who were appointed between 05.03.1987 and 14.07.1998 as to the requirement of passing Typewriting Higher grade in Telugu and Shorthand by exercising the powers conferred under Rule 31 of the A.P. State & Subordinate Service Rules, 1996. G.O.Ms.No.68 Finance (ADMN.III) Department dated 11.03.2010, which was issued as one time relaxation from acquiring the Typewriting English Higher grade in respect of Junior Accountants appointed on compassionate grounds conditionally, wherein, it is observed as follows: “9. Government, after careful examination of the matter, noticed that due to lack of Typewriting institutions the matter, noticed that due to lack of Typewriting institutions the candidates who were appointed on compassionate grounds are not able to get themselves P a g e | 9 qualified with the typewriting English Higher Grade and also by attending the classes out of the office hours in addition to attending to their family problems as a result of which they continue to be as a temporary employees without regularizing their services, though their juniors have been regularized. 10. Government have also noticed that there is a striking anomalous position with regard to regularization of the services of Junior Accountant in the A.P. Treasury & Accounts Department. Prior to 26.10.2007, the Junior Accountants had to acquire a higher grade typewriting in English and on 27.10.2007this qualification was changed and the individuals were required to qualify the certificate course in computers as prescribed in G.O. read above. As the Institutions imparting such computer courses are available only at District Headquarters and the employees appointed on compassionate grounds were facing great difficulty to acquire such qualifications by sparing out of office hours which is at a very long distance from their work place. Also noticed that the certificate courses in computers prescribed in G.O. 6th read above is on high side and it will not relevant to the day to day administration of the Treasury personnel. Hence, it has been decided to grant one time exemption from acquiring Typewriting English Higher Grade/certificate course in computers courses in respect of Junior Accountants appointed on compassionate grounds in T & A Service and working as on 27.10.2007. 11. Now, therefore, in exercise of the powers conferred under rule 31 of the A.P. State & Subordinate Service Rules, 1996, the Governor of Andhra Pradesh hereby relax as one time measure from passing Typewriting English Higher Grade/Certificate courses in computers to the Junior Accountants appointed on compassionate grounds in T & A Service and working as on 27.10.2007 but could not acquire the said P a g e | 10 qualifications in relaxation of Rule 6 of A.P. Treasury (Sub) Service Rules, issued in G.O. 1st, 2nd and 6th read above, in favour of the 46 individuals shown in the Annexure to this order.” 9. As seen from the order in OA No.1856 of 2017 dated 06.11.2017, the applicant therein was given a similar notice as is given to the petitioner herein asking to give her willingness to take the lower post and the said notice was challenged in the said OA. The said OA was allowed setting aside the notice and the respondents therein were directed to take into consideration the fact that the applicant therein possessed P.G. Diploma in Computer Applications and to consider relaxation of the qualification. Challenging the said order dated 06.11.2017 of the Tribunal, the Government filed WP No.11321 of 2019. Contention of the Government in the said writ petition was that the said notice was issued, in conformity with the orders passed by the State Government vide G.O.Ms.No.969, G A (Ser.A) Department dated 27.10.1995 and that the Tribunal is not justified in setting aside the notice therein, which was issued to the applicant, as such a condition was incorporated at the time of appointment of the applicant itself. The Division Bench of this Court dismissed the said writ petition filed by the government, observing as follows: “It is pertinent to note that the State Government granted relaxation in favour of certain class of employees, vide G.O.Ms.No.116, GA (Ser.) Department, dated 29.02.2008, having noticed the non existence of typewriting training institutions. It is also not in controversy that in 2010 also the government granted relaxation from acquiring typewriting qualification in respect of Treasury Department. The Tribunal also noted about the non-existence of typewriting training institutions and the usage of computers in all the offices. The reality remains that, apart from the degree qualification in computers, the applicant possesses P a g e | 11 PGDCA also. It is not the case of the respondents herein that the applicant has not discharged her duties properly due to the lack of typewriting higher grade qualification. A perusal of the order passed by the Tribunal, in clear and vivid terms, discloses that the Tribunal, after elaborately and meticulously considering various issues, including the relaxation given by the State Government, by way of the above referred governmental orders, and also the present situation, with regard to the non-usage of type machines and the usage of computers, came to the conclusion that the very insistence of the respondent authorities cannot be sustained. It is settled and well established principle of law that a writ in the nature of a writ of certiorari cannot be issued, under Article 226 of the Constitution of India, unless the impugned action suffers from jurisdictional error and patent perversity. In the considered opinion of this Court, the said contingencies are conspicuously absent in the case on hand.” 9. Learned Assistant Government Pleader for Services-I, appearing for the respondents, submits that the said aspect has also been clarified by the Government, stating that G.O.Ms.No.69, dated 24.07.2023, would have prospective effect. As such, petitioner is not entitled to claim the benefit of the said G.O. It is further submitted that the candidates appointed on compassionate grounds are required to pass the Computer Proficiency Test (CPT), as prescribed in G.O.Ms.No.26, General Administration (Services-B) Department, dated 24.02.2023, within a period of two years from the date of issuance of G.O.Ms.No.69. The Government further directed that candidates appointed on compassionate grounds, who pass the CPT within the said P a g e | 12 period shall have their services regularized from the date of their initial appointment as Typist/LD Typist/UD Typist/Typist-cum-Assistant, as the case may be, and their probation shall be declared accordingly, in relaxation of G.O.Ms.No.151, General Administration (Services-G) Department, dated 22.06.2004. 10. As stated supra, petitioner was appointed on 04.11.2011 on compassionate grounds and his services were regularized on 29.08.2017, vide proceedings Procgs.No.E1/1366/2011, dated 05.03.2019. Petitioner kept quite all the period till issuance of G.O.Ms.No.69, General Administration (Services-B) Department, dated 24.07.2023, whereby the condition imposed in G.O.Ms.No.151, dated 22.06.2004, that services ought to be regularized on the date of acquisition of the qualification has been relaxed. As the said rule as well as amendment is contrary to the statutory rules called the Andhra Pradesh Ministerial Service Rules, 1998, the same cannot override the statutory rules. 11. In the instant case, during his appointment in the year 2011, a condition was imposed for which petitioner had accepted and accordingly joined into service and acquired qualification and got regularized his post with effect from the date of acquisition of qualification. After a considerable lapse of time, he came up with a plea that he is entitled for regularization with effect from his initial appointment. G.O.Ms.No.151 is not a statutory G.O., but only an executive instruction to the previous executive instructions issued under G.O.Ms.No.60, dated 11.02.1997. P a g e | 13 12. Considering the submissions made and after perusing the record, this Court finds that G.O.Ms.No.151, dated 22.06.2004, amended G.O.Ms.No.60, dated 11.02.1997, by prescribing that regularization shall be from the date of acquisition of requisite qualification. Though both executive orders are only in the name of exemptions to the relevant rules, through which petitioner was appointed to the service on compassionate grounds. As the petitioner was not qualified to the post offered to him, a condition was imposed in terms of G.O.Ms.No.60, dated 11.02.1997. In compliance with the same, petitioner had acquired qualification and accordingly, his services were regularized with effect from 29.08.2017. Now, petitioner cannot agitate the same and seek regularization with effect from his initial appointment, after long lapse of time, as the settled seniority cannot be unsettled, which may have cascading effect on the settled seniority of several others. 13. In view of the above findings, there is no merit in the Writ Petition. 14. Accordingly, Writ Petition is dismissed. There shall be no order as to costs. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 19.09.2026 BMS / SAK Whether the order is: Speaking ☑ Reasoned ☑ Reportable Non-reportable ☑ P a g e | 14 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25924 OF 2023 Date: 19.09.2026 SAK